State v. Casterline, 293 Neb. 41

Background

Andrew Casterline and his mother Shelley traveled together on Oct. 4, 2013, using Virginia Barone’s (Shelley’s mother/friend) vehicle and debit card to withdraw and spend approximately $2,000; items stolen from a neighbor’s home were pawned for cash.
Barone was found murdered in her home the next day with 22 stab wounds; blood trails and overturned furniture indicated a violent struggle and possible robbery; Barone’s car was missing.
Casterline and Shelley were apprehended in a stolen Jeep; officers found Barone’s debit card, cash, pawned items, a knife with a 4" blade, and property belonging to a burglarized neighbor; Casterline had cuts/abrasions and dried blood on his person.
Forensic testing: Casterline’s DNA was the major contributor on the knife blade; Barone’s DNA/blood was found on Casterline’s shoe and jeans; Shelley’s clothing had no blood matches to Barone.
Shelley gave inconsistent statements: initially admitted killing Barone and later testified at trial she acted alone; she also wrote letters and made statements suggesting multiple knives and implicating Casterline in moving the body.
Jury convicted Casterline of first degree murder (premeditation and felony-murder theories), use of a deadly weapon to commit a felony, and burglary; he received consecutive long prison terms and appealed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for first-degree murder and weapon use	State: evidence (DNA on knife, Barone’s blood on Casterline, stolen car/card use, Shelley’s statements) supports conviction as principal or aider/abettor	Casterline: insufficient proof he intended robbery or participated in killing; Shelley’s trial claim she acted alone	Affirmed: viewed in light most favorable to State, a rational juror could find elements beyond reasonable doubt; aiding/abetting covered conviction
Authentication of jail letter allegedly from Casterline	State: jail logs, return address, content and custody practices authenticate the letter under Neb. Evid. R. 901	Casterline: insufficient foundation to prove authorship	Affirmed: court did not abuse discretion; authentication threshold satisfied by records and distinctive content
Admissibility of knife found in Jeep	State: knife relevant (found in vehicle, contained Casterline DNA)	Casterline: relevance objection; also argued Rule 403 prejudice on appeal	Affirmed/written-off: relevance objection waived by untimely trial objection; even on merits knife was relevant and admissible under Rule 403
Jury instruction language “either alone or by aiding another”	State: instruction correctly informs jury of aider/abettor liability	Casterline: language emphasized aiding/abetting and deviated from pattern instructions causing confusion	Affirmed: language correctly stated law, was supported by evidence, and did not prejudice defendant; refusal to give alternative instruction was not error

Key Cases Cited

State v. Escamilla, 291 Neb. 181, 864 N.W.2d 376 (standard for sufficiency review)
State v. Armagost, 291 Neb. 117, 864 N.W.2d 417 (definition of robbery)
State v. Leonor, 263 Neb. 86, 638 N.W.2d 798 (aiding and abetting principles)
State v. Elseman, 287 Neb. 134, 841 N.W.2d 225 (authentication under Neb. Evid. R. 901 standards)
State v. Draganescu, 276 Neb. 448, 755 N.W.2d 57 (methods of document authentication)
State v. Taylor, 282 Neb. 297, 803 N.W.2d 746 (trial court discretion on authentication)
State v. Kitt, 284 Neb. 611, 823 N.W.2d 175 (aider/abettor liability as basis for weapon-use conviction)
State v. Brunzo, 248 Neb. 176, 532 N.W.2d 296 (upholding similar instruction language)